Impaired Driving FAQ – DUI/DWI Arrests in Sarasota, and the Rest of Florida
Facing a DUI or DWI arrest in Florida can be stressful and overwhelming. You might wonder how the legal process works, what penalties you could face, and whether you should hire an attorney right away. Understanding these basics can help you make informed decisions and protect your rights at each step.
What Happens Immediately After a DUI Arrest in Florida?
When law enforcement suspects you of driving under the influence, you may be handcuffed and taken to a local jail for booking. This process generally includes photographing, fingerprinting, and gathering personal information.
A DUI arrest triggers an administrative license suspension through the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). You will usually receive a citation that acts as a 10-day temporary driving permit. These 10 days are crucial because you must request a formal review hearing within this period to contest the suspension.
Most individuals attend a first appearance or bail hearing within 24 hours. A judge reviews probable cause and may set bail or establish other release conditions. It is often recommended to contact an attorney right away to discuss hardship license options or restricted driving privileges.
How Can a Lawyer Contest Field Sobriety Tests?
Field sobriety tests (FSTs) are highly subjective and rely on an officer's judgment. Florida officers are expected to follow strict National Highway Traffic Safety Administration (NHTSA) guidelines when administering tests like the Horizontal Gaze Nystagmus, Walk-and-Turn, or One-Leg Stand. Failure to adhere to these protocols can cast doubt on the reliability of the results.
Body camera or dashboard footage often reveals environmental factors, such as bad weather or uneven pavement, that might affect test accuracy. Certain medical conditions, including balance disorders or past injuries, can also produce misleading outcomes. An experienced attorney can highlight these factors to challenge FST validity.
Can I Refuse a Breath Test?
Under Florida's Implied Consent Law, drivers agree to submit to chemical testing if law enforcement suspects impairment. Refusing a breath test generally leads to an automatic license suspension and may be used against you in court as evidence of possible guilt.
Refusal does not guarantee a conviction, however. A knowledgeable lawyer can explore whether the officer provided proper consent warnings or if extenuating circumstances justified your refusal. Additionally, you could still pursue a formal review hearing to fight administrative penalties and seek a hardship license in qualifying situations.
What If I Live Out of State?
A DUI arrest while vacationing or working in Florida can complicate your case. Nevertheless, our firm regularly manages out-of-state DUI matters and can often minimize your travel by handling much of the process remotely. In some cases, a Plea in Absentia may resolve your case without your physical appearance in a Florida courtroom.
Florida notifies your home state about any DUI arrest or conviction, which could lead to reciprocal penalties back home. Our team will guide you through any necessary license reinstatement steps and communicate with out-of-state agencies when possible.
Other Common Questions
Many clients wonder if a DUI conviction will cost them their job or if they must disclose it to an employer. Others ask about the possibility of sealing or expunging records. Some worry about immigration status or whether they can receive a public defender. Each case is unique, and individualized legal advice helps address these broader concerns.
Secure Your Defense Today
Impaired driving laws in Florida are complex, and the stakes are high. We encourage you to reach out to The Law Place as soon as possible to discuss the specifics of your case. Our team is ready to answer your questions and protect your rights throughout every phase of the legal process.